Legal Opinion

Havemeyer v. Fuller

The Superior Court of New York City

Decided February 15, 1881PublishedCited by 5 opinions

The plaintiff complains of the defendant as follows: 1. The plaintiff is and for many years past he has, as a member of a business firm, been engaged in the business of refining sugar in and near the city of Hew York. 2. On the evening of January 6, 1879, the defendant procured to be held at Ohickering Hall, in the city of Hew York, a public meeting of a large number of persons engaged in the sugar business — purchasers of sugars, importers of sugar, refiners of sugar and…

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The plaintiff complains of the defendant as follows: 1. The plaintiff is and for many years past he has, as a member of a business firm, been engaged in the business of refining sugar in and near the city of Hew York. 2. On the evening of January 6, 1879, the defendant procured to be held at Ohickering Hall, in the city of Hew York, a public meeting of a large number of persons engaged in the sugar business — purchasers of sugars, importers of sugar, refiners of sugar and others dealing therein. 3. At such public meeting the defendant, in an address then and there made by him, and in the…

1Opinion of the CourtFreedman, J.

The assurance given by the learned counsel for the plaintiff, and made after consultation with his client, that my decision on the motion to dismiss, no matter what it might be, would not be excepted to, has had an embarrassing effect on me. It involved as high a compliment as can be paid to the acumen and conscientiousness of a judge, and as such I shall always remember it. But at the same time I felt that it imposed upon me the correlative duty of exercising more than ordinary care in coming to a conclusion. I felt that on waiving his right of appeal the plaintiff had the right to expect a…

2Cases cited5 opinions

  1. Terwilliger v. . WandsNew York Court of Appeals · 1858
  2. Tobias v. HarlandNew York Supreme Court · 1830
  3. Squier v. GouldNew York Supreme Court · 1835
  4. Hallock v. MillerNew York Supreme Court · 1848
  5. Shipman v. BurrowsThe Superior Court of New York City · 1829

3Cited by5 opinions

  1. Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
  2. Roldan v. PowerThe Superior Court of the City of New York and Buffalo · 1895
  3. Kraft v. RiceAppellate Division of the Supreme Court of the State of New York · 1899
  4. Hatfield v. SissonNew York Supreme Court · 1899
  5. Roldan v. PowerThe Superior Court of New York City · 1895

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